“Confederate History Month.” That title should be sufficient to have any semi-conscious American’s ethics alarms ringing, like “Dina Lohan, Mother of the Year.” That it didn’t for Virginia governor Bob McDonnell, at least until furious critics rang it for him, tells us something disturbing about the Republican’s ethical blind spots, and perhaps other things as well. Perhaps we can truly get through to Bob with a song…sung to the tune of that traditional Virginia favorite, Dixie. All together, now: Ohhhhhhhhhhhhhh… Continue reading
Ethics Dunces
Apology: How I Became an April Fool and an Ethics Dunce
I’m not going to spin this. My conviction that the web hoax engineered by trial lawyer/blogger Eric Turkewitz violated the legal ethics rules was the product of a toxic mix of factors, prime among then being that I didn’t review my own files. When I finally, after nearly two days of answering complaints when I should have been hitting the books, checked the Rules of an ethics bellweather state that I often work in but had not for longer than usual, I read this:
RULE 8.4 Misconduct
It is professional misconduct for a lawyer to:
…(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation which reflects adversely on the
lawyer’s fitness to practice law;
This is an unusual version of Model Rule 8.4; indeed, the only other state to have adopted it (I think—I am no longer sure of much) is Wyoming. Yet it is a very useful variation of the Model Rule, because it eliminates all ambiguity about whether “dishonesty, fraud, deceit or misrepresentation” is meant to be as sweeping as it sounds. This formulation makes it clear that non-legal practice violations are covered, but that they have to reflect adversely on the lawyer’s fitness to practice law to qualify.
I had been wallowing in obscure clues from other jurisdictions–Tennessee, for example, which has the ABA wording but an odd Comment that begins…
[4] Paragraph (c) prohibits lawyers from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. Such conduct reflects adversely on the lawyer’s fitness to practice law…
This could be taken to mean that all such conduct reflects adversely on fitness. The problem is, I don’t believe that, and I don’t believe that Tennessee means that.
The 8.4 version that I found was from…Virginia. Where I live. Where I have done more ethics CLE than anywhere else, beginning before the state even adopted the Model Rules format. Seeing this, two conclusions were unavoidable:
1. This is the predominant way jurisdictions think about 8.4. No state has rejected Virginia’s approach, and several have referenced it in Legal Ethics Opinions on the topic of what kind of non-legal practice-related conduct is covered by the Rules—-not subject to discipline, as I was arguing the past two days, but covered at all. The D.C. Bar has such an LEO, number 323, from 2004. I had a copy on file. The District of Columbia, where I’m a member of the bar.
2. I had made a big and inexcusable mistake, and compounded it by acting like the King of the Jerkwads. Continue reading
New Vistas in Cruelty, Bigotry and Segregation in Itawamba County
The last we heard about Constance McMillan was that the school district in Itawamba County, Miss. had cancelled the senior prom rather than allow the teenager, who is gay, to attend wearing a tux and escorting a girfriend. A court challenge achieved a ruling that the District could not bar Constance from attending her prom, but the judge declined to compel the District’s prom to go forward when he was assured that a parent-sponsored replacement prom was being organized.
Now we learn, from Constance, that she and her date were sent to a country club in Fulton, Miss., to attend what they were told was the prom, but when she arrived she discovered that only that five other students were there. Continue reading
Arg! “The Ethicist” Endorses Piracy!
Ah, another Sunday, another chapter in the crusade of Randy Cohen, a.k.a “The Ethicist,” to redefine the definition of “ethical.” I used to read “The Ethicist” column in The New York Times magazine out of professional curiosity, later, bemusement, and now I read it as a diagnostic exercise. Where did Randy acquire his bizarre fondness for certain forms of dishonesty? For the record, Cohen’s batting average of actually giving ethical, rather than unethical, advice appears to be holding steady at .750, which means that he advocates unethical means one out of every four inquiries. I’d say Charley Rangel would do better, and nobody’s likely to call him “The Ethicist” any time soon.
This Sunday, Randy is endorsing web piracy…really. Continue reading
Ethics Dunces: The Republican National Committee
Politico reports that the GOP, though the Republican National Committee and its Chair, Michael Steele, has refused to co-sign a statement created by the Democratic Party that calls on “elected officials of both parties to set an example of the civility we want to see in our citizenry,” and for “Americans to respect differences of opinion, to refrain from inappropriate forms of intimidation, to reject violence and vandalism, and to scale back rhetoric that might reasonably be misinterpreted by those prone to such behavior.”
The reason, we are told, is that the Republicans view the statement as “a trap,” because the Democrats could use the statement against them later. Huh? It could only be used against Republicans if Republicans did something that was inconsistent with the statement, such as, to take two ridiculous examples that would never happen, yell “You lie!” during a State of the Union message, or shout “Baby killer!” at a Congressmen.
The Republican’s obviously want to use uncivil and inappropriate rhetoric to stir up their base and raise funds. That is the only possible rationale for not signing the statement, and it is a blatantly unethical one.
Ethics Dunce: Sen. John Ensign
John Ensign, the GOP senator from Nevada, recently gave an interview to the website Politico that was unhinged from reality. He is either shameless, desperate, or in need of treatment. Ensign decried a “gotcha” mentality in the press and implied that the news media has treated him unfairly. Is he kidding? Continue reading
Rep. Bart Stupak: Double-Reverse Ethics Dunce
Michigan Democrat Bart Stupak has been wrong in so many ways lately it is hard to keep count. If you are going to be wrong, however, the ethical way is to have integrity and at least be consistent in your wrongness. He couldn’t even do that right. He did manage to become Ethics Alarms’ first Double-Reverse Ethics Dunce. That’s something.
First, Stupak staged a revolt in the House to insist that the original House health care reform bill didn’t wouldn’t mandate the use of taxpayer funds for abortions.
What was wrong with this? Oh, only everything…. Continue reading
Ethics Dunce: ABC News
Watching the ethical standards of the major network news department crumble away is like watching a sand castle on the beach disintegrate with each new wave. There really is no resistance, or hope. It is just a matter of time.
Thus the announcement that ABC News paid $200,000 to Casey Anthony, the Florida woman who is accused of killing her two-year-old daughter, Caylee, comes as not so much of a surprise as just a further peak at the inevitable. Critics are pointing with outrage to the fact that ABC announced that it is cutting hundreds of jobs, as if this is somehow hypocritical. In truth, they are two sides of the same coin. Journalistic ethics have always been the most fragile of professional ethics systems, more dependent on success than principle. When there was limited competition, the networks could burnish their images by conforming to ethical standards and making sure everyone knew it. Now, however, web-based news, blogs and cable news networks are carving up their pie. Most of the consumers of news don’t care about ethics, and the National Enquirer, which has always practiced checkbook journalism, is up for a Pulitzer. Continue reading
Ethics Dunce: Judge Darrell Russell
Domestic abuse is a crime, a social malady and a sickness, one that frequently afflicts both the batterer and the victim. It is an especially infuriating crime to prosecute, because the couple drawn together in an abusive relationship often form bonds that even the threat of injury and death won’t loosen sufficiently to allow one party to testify against the other. Thus domestic abuse goes unpunished more often than not, and some prosecutors have decided that in the interest of society, these cases need to be prosecuted whether the beating victim likes it or not. They are correct. Violence and battery are crimes against the state, not just one individual. There is not much a prosecutor can do, however, when the judge is an Ethics Dunce, prepared to go the extra mile to free a loving couple for future mayhem. This brings us to the case of Baltimore Judge Darrell Russell,who recently charted new waters in judicial abuse of power, arrogance, incompetence, and irresponsibility. Continue reading
Ethics Dunces: Prof. Peter Tague and Chief Justice John Roberts
In today’s world of text-messaging, Twitter, Facebook and e-mail, intentionally throwing a rumor into a crowded room is only marginally better than falsely shouting “Fire!” in a crowed theater. Thus Ethics Alarms regretfully has to pronounce Georgetown Law Center professor Peter Tague’s puckish stunt of last week irresponsible and unethical.
Demonstrating how unreliable it was to accept media accounts from un-named sources, Prof. Tague told his first year law class that he had learned from a “reliable source” that Chief Justice John Roberts was about to announce his retirement. Some nimble-fingered Twitter-user (or many) promptly sent the rumor into cyberspace, where it rapidly found its way onto scoop-hungry websites, especially those made giddy by the prospect of President Obama having the chance to replace one of the Supreme Court’s most conservative judges with a progressive one. By the time Tague announced to the class that his “scoop” was a fraud, just thirty minutes later, the fake story was multiplying like a virus. Continue reading
